Oh Google, Did You Jump the Gun With that Patent Rant Yesterday? (Updated: Maybe Not)

Remember the epic rant from Google yesterday, having to do with the patent situation in the tech world and how everyone is in bed with one another which is creating a hostile environment? Their chief legal office even going as far as calling out some companies specifically like Microsoft, Apple and Oracle? While we all got fired up and excited, agreeing with every single point that was made, it turns out that maybe the “Publish” button shouldn’t have been pressed just yet. (Update: Or should it have been? Google has fired back with some pretty strong comments. We have added them just after the Microsoft part.)

Microsoft, last night, decided to fire back at Google with an email that was exchanged between the two companies, possibly showing that the Redmond-based software behemoth had actually reached out to see if Googs was interested in joining their Novell patent purchasing group. Google obviously, turning down their offer. Yikes. Brad Smith, from Microsoft’s general counsel also tweeted the following:

So what do we make of all this? Well for starters, Microsoft may have asked that Google join them in the Novell patent group, but that still doesn’t mean that the Nortel patents which were purchased just a few weeks ago, weren’t purchased to simply attack Android in the “hostile” way that they have claimed. We don’t really know the whole situation here, nor will we ever. It’s one of those online troll fights between two mega companies now. It’s actually looking pretty pathetic from both sides, if you ask me.

It’s not surprising that Microsoft would want to divert attention by pushing a false “gotcha!” while failing to address the substance of the issues we raised. If you think about it, it’s obvious why we turned down Microsoft’s offer. Microsoft’s objective has been to keep from Google and Android device-makers any patents that might be used to defend against their attacks. A joint acquisition of the Novell patents that gave all parties a license would have eliminated any protection these patents could offer to Android against attacks from Microsoft and its bidding partners. Making sure that we would be unable to assert these patents to defend Android — and having us pay for the privilege — must have seemed like an ingenious strategy to them. We didn’t fall for it.

Ultimately, the U.S. Department of Justice intervened, forcing Microsoft to sell the patents it bought and demanding that the winning group (Microsoft, Oracle, Apple, EMC) give a license to the open-source community, changes the DoJ said were “necessary to protect competition and innovation in the open source software community.” This only reaffirms our point: Our competitors are waging a patent war on Android and working together to keep us from getting patents that would help balance the scales.

I think the big thing here, is that we’re all sick to death of talking about patents and the broken system we have for them here in the U.S. To think that companies can buy patents, to then turn around and tell their competitors not to use them, is bass ackwards in the way the world and competition and innovation should work. I completely understand the idea of going after someone who is using technologies that you have patented, but to go out and purchase more, just for the sake of turning around and saying, “Well, we own this now, so you can’t use it anymore,” is completely against everything this country is supposed to stand for. Here’s to hoping the government does exactly what it did with the Novell group, and helps fuel competition rather than squash it.

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Anonymous

tinyurl.com/2df4ccp

angermeans

I don’t understand the whole, “if we can’t beat em’ then let’s spend money to stop em” attitude. Microsoft and their whole attitude towards the wireless steam engine that is shared by Google and Apple and instead of spending money to compete they attempt to make money the way they always have and then rip it off. Microsoft has a pretty exciting product in WP7 and for once they actually had some excitement towards a release and instead they have spent resources in attempting to put Bing on Verizon phones and buy up all the patents they can to use against OEMs that are also supposed to be their partners. This makes them look desperate. I really wanted to get the Trophy and try out WP7 then decided to wait and see if something better is released, but instead I have watched empty promises and bullying of smaller companies that cannot defend themselves like HTC.

I just paid $22.85 for an iPhone 4-32GB and my girlfriend loves her Panasonic Lumix GF 1 Camera that we got for $38.76 there arriving tomorrow by UPS. I will never pay such expensive retail prices in stores again. Especially when I also sold a 40 inch LED TV to my boss for $674 which only cost me $62.81 to buy. Here is the website we use to get it all from, CentHub.com

TheCastleGuard

I love how companies take legal actions to Twitter…… I am just waiting for this whole case to be on Judge Judy next.

Anonymous

I patented the air, anyone who breaths it owes me 100 dollars

Anonymous

It’s all about the patent portfolio anyway though. Microsoft/Apple is Google’s big patent adversary right now, so co-owning patents with Microsoft doesn’t give Google any leverage.While Microsoft can continue to extort money from HTC, Motorola and who ever else they try to sue.What all these big companies want is a large stable of patents that they can all hold over eachothers’ heads. Google, being a younger company than Apple, Microsoft, Nokia, et. al. doesn’t have the patent portfolio in the mobile space to use as leverage versus their competitors. Everyone else does, so they can charge licensing fees to Google and their OEMs.

Google is making a public statement that the patent system is messed up. At least thats how i see it. It wouldn’t surprise me if later down the road they push for patent reform in the US.

YayIWon

I think patents are crucial to protect intellectual property. I agree that in this situation its seems that the law is being misused, but exactly how has this lawsuit slowed ANDROID down? Competition is one thing that will always be there, but INNOVATION is the driver of any economy big or small. Big companies like Microsoft, IBM, Google, Apple, etc will come and go like Standard Oil and Ma Bell. Lets get back to doing things with our phones nobody has thought of because now its time to change the world. Big companies always start as a small group of people with big ideas (so lets do our collective part to keep them coming). Haters will always hate, its just who they are.

2ceedz

Are you seriously sticking up for M$ on this issue?!?! Yes, patents are a good thing, when used properly. Too bad the companies that think they run the world try to misuse good ideas to make them more profits. Google at least knows that they can make money elsewhere and doesnt try to rip off customers or competitors (for the most part).

I used to hate Google, until the free OS Android was announced. (Still wanting the PC version tho 🙁 ) Ever since then I have watched the M$/Google ‘tiff’ develope.

M$ is a money hungry company, and that is all they care about. Lets keep the laws fair for people who are creating great new products.

Its one thing to stick up for a company who uses a law how it was intended, its a whole different thing for you to sit there and in essence say, “quit crying, they are bigger so they can do what they can take advantage of the way the law was written.”

Its stuff like this that gets the loopholes fixed, and makes the market competitive for all companies, rich or not. I may be an Android Fanboy, but at least I would never promote anyone misusing a law to hender someone else from suceeding.

I personally am thankful Google is looking out for Open Source…..I have learned alot just tinkering around and playing with these Open Source products/apps.

Sorry, rant over…. made no logic to me….

EC8CH

“must have seemed like an ingenious strategy to them. We didn’t fall for it.”

This made me laugh

Jason Purp

You never see companies arguing like this (like 5 year olds). I actually love it.

PatentDeez

i patent the patent

Anonymous

Good points Kellex, but I have to disagree with you on your last point. This is precisely what this land was founded on. The main ingredient in Capitalism is not innovation, its greed. And any opportunity to salt the wounds of the competition is to be had in this dog-eat-dog world. Participation is optional, but Darwin said it best: There is no altruism in natural selection, only savage beauty! Lets just be glad that we don’t live in times 300 years ago, where corporations could legally man their own armies…

Stephen D

I patent DNA. Anyone or anything with DNA will owe me $10,000 for every mile of DNA in them.

Anyone seen my new gene patent? Good. Because you’ll have to pay to see it too.

Anonymous

IF THAT WAS TRUE THEN WHY DID THE BID GO SO HIGH?

Rob Becker

They were gaming them. Look at the amounts of the bids. They were all rediculous numbers like Pi billion. If they got the patents, great they were protected.. but if not they were going to make them pay big bucks.

Which was also the strategy that they took for the LTE spectrum auction several years ago that Verizon won (though Google’s motivation at the time was to get the provisions that required that there were no limits on the devices using that spectrum to become active, which happened when the bid reached a certain level).

Anonymous

IF THAT WAS TRUE THEN WHY DID THE BID GO SO HIGH?

Kyle Lehman

Patents should be like the lifetime power-train warranties on cars; they last the life of the product for that person and are void if transferred.

Patents should not be able to be sold; only leased or licensed. There could still be a big business in patent leasing.

Anonymous

I agree with you guys, this stuff is getting ridiculous. Patents are useful but when you try and patent layouts and stupid things such as a power button (not that that was one of the patents but you get the idea) or something else that’s used in almost every device on the planet, you’re just being a dick and trying to make money in the slimiest ways possible.

Why would Google want to co-own patents with Microsoft? They probably figured the co-ownership would screw them over some how in the end.

Anonymous

Did it really require Google’s reply to remind you what the point is of any patents they want to acquire? Given that Google never sued anyone, small or big, for patent infrigment, why would they need patents if not to protect Android OEMs? If they get in bed with Microsoft or Oracle or Apple, all they would do is:
1. Pay for the patents
2. Not be able to use them to protect Android OEMs
3. Give more ammunition to Tech Pundits who can’t stop repeating how Google is just like Microsoft, Apple or Oracle.

Seriously Droid-life. We expect better from you.

Anonymous

I’ll be the last person on Earth to claim any knowledge of patents or our legal system. 😛

I do phones, not lawsuits. 🙂

Anonymous

Patents are like a gun held to one’s head.

Originally Google never needed them since their services were protected by trade secrets (online only) and never bothered to collect any for the same reason.

They still don’t need patents except only to protect the OEMs who use Android. And just like a Gun, what would be the point of getting a gun if they have to ally with the same mobsters whom they want to protect against?

Anonymous

I agree with you, except for the last sentence. I don’t feel that was needed, this was worthy news IMO.

Anonymous

You misunderstand me. I didn’t say that they shouldn’t report it. It IS news. What I would like is to have a better analysis and not this sensationalist title.

Jake

Don’t confuse Droid-Life or any other blog for a real news site. Don’t get me wrong; I enjoy the site. I just don’t put as much confidence in it publishes as I do in, say, the Wall Street Journal.

I’m going to patent the letter “a”. anyone who uses the letter “a” will owe me $10,000. This is my way of going after Apple but I’ll allow Android to use the letter.

Brian Maresca

Should have patented the letter ‘P’ since “Apple” has two of them and “Android” has none 😛

Peter Bartholomul

Good point. lol. Then I’ll just patent the letters “a” “i”, and “p”. Apple is required to pay me over $40,000 by the end of the week. $30,000 for “a” and “p” plus $10,000 for every device they released with the letter”i” in the name.

I just paid $ 21.87 for an iPaad 2-64GB and my girlfriend loves her Panasonic Lumix GF 1 Camera that we got for $ 38.76 there arriving tomorrow by UPS. I will never pay such expensive retail prices in stores again. Especially when I also sold a 40 inch LED TV to my boss for $ 657 which only cost me $ 62.81 to buy. Here is the website we use to get it all from, http://to.ly/aSiD

I patent, Dirt. Any one that abuses it or sets foot on it owes me $100 or I sue.

TheAndroid1

I patent every letter for every language in existence, anyone who uses one owes me $100.

Stephen Bird, You owe me approximately $7000.
Tanner Hodges, You owe me approximately $5500.
(These are estimates, I didn’t feel like counting)j

You will be charged for any responses.
Any complaints must be submitted in writing which will also be charged.

Anonymous

If that is how we are going to play it… I patent colors, bolds, italics, pictures, icons and silhouettes. Everyone owes me mad money.

TheAndroid1

Already covered on my broad patent for everything in existence in the past, present, and future. I have literally patented you.

Anonymous

Well patented patents… therefore you owe me a due process fee for using the patents.

Anonymous

I’ve just been awarded a patent for ideas of any kind (bought it off of eBay). Since they aren’t tangible, this does not infringe on TheAndroid1’s patent of everything in existence. Further, since patents are all built off of ideas, I have the underlying framework for patents patented, thus I supersede FusionSaint’s patent on patents.

You can expect letters from my lawyer to C&D all thoughts, or to pay up your license fees. Stop being criminals.

Jjjjj

Can I patent matter and any of its ability to occupy space, as well as air and any element taken in through the body of any species….so either pay me or cease to exist?